Angel Truong v. Shandon Phan

• Court: Court of Appeals of Texas
• Decided: November 5, 2024
• Docket: 14-24-00578-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed November 5, 2024

In The

Fourteenth Court of Appeals

NO. 14-24-00578-CV

ANGEL TRUONG, Appellant V. SHANDON PHAN, Appellee

On Appeal from the 505th District Court Fort Bend County, Texas Trial Court Cause No. 20-DCV-273253

MEMORANDUM OPINION

This is an attempted appeal from an order for the return of children signed August 5, 2024. See Tex. Fam. Code Ann. § 157.372. Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). When orders do not dispose of all pending parties and claims, the orders remain interlocutory and unappealable until final judgment is rendered unless a statutory exception applies. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding).

A trial court’s order granting or denying a writ of habeas corpus in a child custody case is not appealable if the Family Code does not provide for an appeal. Maadani v. Ward, 611 S.W.3d 460, 461 (Tex. App.—Houston [14th Dist.] 2020, no pet.). The Family Code does not provide for an appeal in such a habeas proceeding, and the only available appellate remedy is a petition for writ of mandamus. Id.

On October 23, 2024, this court transmitted notification to the parties of this court’s intention to dismiss the appeal for want of jurisdiction unless appellant filed a response demonstrating grounds for continuing the appeal within 10 days. See Tex. R. App. P. 42.3(a). Appellant’s response fails to demonstrate that this court has jurisdiction over the appeal.1

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Wise and Hassan.

1 In her response, appellant states that the trial court has set an entry for the final decree of divorce. Appellant may file a new notice of appeal from that final judgment when it is signed.